Texas House Bill HB 2695

Texas 2025 - 89th Regular

• Filed: 2/12/25
• Out of House Committee: 4/30/25

Caption

Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.

Summary

HB 2695 would create a new sentencing enhancement for certain drug-delivery offenses when the defendant used a social media platform to help carry out the crime. The bill applies to offenses under several provisions of the Texas Controlled Substances Act involving delivery, manufacture, or possession with intent to deliver controlled substances, and it increases punishment to the next higher offense category. For a first-degree felony, the penalty would increase by five years, and the maximum fine would be doubled. The bill defines “social media platform” by reference to existing Texas law in the Business & Commerce Code. It also applies only to offenses committed on or after September 1, 2025, and preserves prior law for earlier conduct. In effect, the bill adds digital-facilitation language to Texas drug laws and creates a specific aggravating factor tied to online conduct used to further drug distribution.

Impact

HB 2695 would amend Chapter 481 of the Texas Health and Safety Code by adding Section 481.142, creating a new penalty enhancement for controlled-substance delivery offenses facilitated through social media. This would raise the punishment level for affected offenses, potentially moving cases into more serious felony ranges and increasing fines, while leaving the underlying drug statutes intact. The bill would affect defendants charged under the listed controlled-substance delivery provisions and give prosecutors an additional basis to seek harsher punishment when online platforms are used to arrange or promote the offense.

Sentiment

The available context suggests the bill was treated as a serious criminal-justice measure aimed at addressing drug trafficking through online platforms. Its referral to the Criminal Jurisprudence committees in both chambers is consistent with a punitive public-safety approach, and the bill’s title and structure indicate broad support for stronger penalties against social-media-facilitated drug delivery. No committee transcript or recorded vote information is available here, so there is no evidence of formal opposition or amendment debate in the provided materials.

Contention

The main policy issue is whether using social media to facilitate a drug offense should trigger a categorical sentencing increase, especially because the bill applies to a broad set of controlled-substance delivery offenses. Potential concerns include proportionality of punishment, proof that a social media platform was used “in furtherance” of the offense, and whether the enhancement could sweep in lower-level conduct or communications that are not central to trafficking. Supporters would likely emphasize deterrence and the need to address modern drug distribution methods, while critics may question whether enhanced penalties are the best response to online-enabled drug activity.